Guardianship of a person with a disability

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Borevych Mariia

Lawyer

Ukraine / Kyiv

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Publication date: 23.09.2024

I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.

Guardianship of a disabled person — is a legal institution that provides for the appointment of a guardian for a person with a disability who, due to his physical or mental state, cannot independently exercise his rights, protect interests or perform everyday tasks. The guardian has the right to represent the interests of the ward in all spheres of life and to provide care.

The procedure for assigning guardianship, how to obtain guardianship of a disabled person in Ukraine:

• Referral to the court: To become a guardian, you need to apply to the court with a request for the appointment of a guardian. The trial takes place taking into account medical reports on the state of health of a person with a disability.
• Court decision: the court makes a decision on the appointment of guardianship on the basis of the provided evidence (medical documentation, certificates of disability, conclusions of social services).
• Recognition of incapacity: If the disabled person has mental disorders, a court decision declaring the person incapable may be required before the appointment of guardianship.
• Registration of the guardian: after the court decision has been adopted, the guardian must be registered with the relevant guardianship and guardianship authorities.

Let's figure out what documents are needed for guardianship over a disabled person. To register guardianship over a disabled person, it is necessary to prepare a certain package of documents, which is submitted to the court or guardianship authorities.

Documents for a person in need of guardianship (guardian):

1. A copy of a passport or other document confirming identity, a certificate of identification code assignment (IPN).
2. A medical certificate or a medical consultation commission (LCC) opinion on the state of health, confirming the need for constant care or assistance, a certificate on establishing disability (if any).
3. Conclusion of a psychiatric examination (if the basis for guardianship is a mental disorder).
4. Court decision on recognition of incapacity (if a person is recognized as incapable due to a mental illness).

Guardian documents:

• A copy of a passport or other document confirming identity, a certificate of identification code assignment (IPN).
• Certificate of criminal record — to confirm that the future guardian has no criminal record or other restrictions.
• Health certificate — to confirm that the person claiming the role of guardian has the appropriate health status and is able to perform the duties.
• Documents confirming family ties with the ward (birth certificate, marriage, etc.).
• Characteristics from the place of residence or work (issued upon request).

Documents related to the property status of the ward (if the guardianship includes property management):

1. Documents for the ward's property (certificate of ownership of real estate, extracts from the register, certificates of deposits and other assets).
2. Certificate of the ward's income (pension, social benefits, etc.).
3. An application for appointment as a guardian — is an official application that is submitted to the court or guardianship authorities with a request to appoint a guardian. The application indicates the reasons why guardianship is required, and consent is given to the performance of the guardian's duties.
4. The act of surveying the residential and living conditions of the guardian — is a document drawn up by social services and confirms that the future guardian has appropriate conditions for living and caring for the ward.

Issuance of guardianship over, arrange guardianship of a disabled person — is a legal procedure that requires the submission of relevant documents to guardianship authorities or the court, as well as the fulfillment of certain legal requirements. Guardianship is necessary when the father is unable to exercise his rights independently because of physical or mental limitations that result from disability.

When a trial may be required:

if there are disputes between family members about who should become a guardian;

if the father has mental disorders and is declared incapacitated;

if there are doubts about the need for guardianship or the difficulty of obtaining the opinion of the LCC.

Temporary guardianship over a disabled person, how to get guardianship over a disabled father — is a form of guardianship that provides for the appointment of a guardian for a limited period when a disabled person needs help but does not require constant care. This can be useful in situations where the primary caregiver is absent (for example, due to illness, vacation or travel) or where the disabled person temporarily loses the opportunity to cope with everyday needs on his own.

Reasons for temporary guardianship of a person with a disability:

• Lack of a primary caregiver.
• Temporary aggravation of the disabled person's health.
• Need for care during treatment or rehabilitation.

Caring for a person with a disability, and even more so for a child, requires daily expenses, so let's find out hhow much they pay for guardianship over a disabled child. The amount of assistance for guardianship of a child with a disability in Ukraine may vary depending on several factors, including:

1. Type of invalidity: the amount of benefits may depend on the category of invalidity (Group I, II or III).
2. Child's age: Benefits may vary depending on the child's age.
3. Social benefits: Carers may receive various types of social benefits including:
4. State allowance for a child with a disability: this may be a fixed amount granted on a monthly basis.
5. Compensation payments: Caregivers may be compensated for the costs of care, health services and other needs of the child.

Legal advice can be useful at the stage of document preparation or in the case of legal disputes. A lawyer can suggest how to take care of a disabled person and where to take care of a disabled person.

Legal support for the registration of guardianship over a disabled person includes a set of actions aimed at helping to draw up all the necessary documents and ensuring the legality of the process, how to get guardianship over a disabled person.

Stages of legal support:

• Consultation with a lawyer to determine the need for guardianship and its type (temporary or permanent), discuss the rights and obligations of the guardian and ward, and explain the registration process and possible difficulties.
• Compilation of the application includes the preparation of an application for the appointment of guardianship, where all the necessary justifications and data are indicated.
• Submission of documents to guardianship and guardianship authorities or the court, interaction with state institutions to ensure the correct processing of the case.
• Support during inspections: preparation for an inspection of social services that conduct an inspection of the guardian's living conditions, assistance in answering questions from social workers and representatives of guardianship authorities.
• Litigation (if necessary): if the case goes to court (for example, in case of recognition of incapacity), legal support includes preparation of a statement of claim, representation of interests in court, collection and submission of evidence (medical conclusions, testimony).
• After making a decision on the appointment of a guardian, a lawyer can help with obtaining relevant documents and their registration.